Animal rights battle heads to court

Santa Monica Farmers’ Market pony rides operator is suing the activist who campaigned to shut the rides down

By Gary Walker

City officials will likely discontinue pony rides at the Santa Monica Farmers’ Market later this yearPhoto by Brittany Soo Hoo

A yearlong battle between an animal rights activist and the pony rides operator at the Santa Monica Farmers’ Market has spilled into the courtroom — the ride operator suing the activist for libel, the activist countering that the lawsuit attempts to stifle free speech.

City leaders, meanwhile, appear likely to end pony rides at the farmers market this summer.

Nearly every Sunday for the past 11 years, Tawni Angel’s brown, black and tan ponies carry small children in circles around a metal carousel as their parents look on or shop. She also has a petting zoo with alpacas, miniature donkeys and goats.

“We get over 300 people at the market each Sunday and they love our rides,” said Angel, owner of Sylmar-based Tawni’s Ponies and Petting Farm.

A city-sponsored Feb. 15 survey of market visitors seems to bear that assertion out, with 92% of respondents coming out in support of the pony rides and petting zoo.

Since last March, however, Santa Monica resident and former Westside congressional candidate Marcy Winograd has led a band of protestors down Main Street during the farmers market each Sunday to draw attention to the rides as a form of animal cruelty.

“The whole thing is so depressing. [The ponies] look so sad and worn,” said Winograd, a Venice High School teacher, who complains the ponies lack shade and are rarely if ever given water as they walk circles under the sun.

Winograd’s efforts have had an impact. The Santa Monica City Council voted in September to seek an alternative, non-animal entertainment vendor for the farmers market after the city’s annual contract with Tawni’s Ponies and Petting Farm, which Angel values at $70,000, expires in May.

“Council directed staff to establish a pilot program to provide children’s entertainment and educational programs with a preference to vendors who participate in the city’s Buy Local initiative and those with non-animal activities,” said Santa Monica Economic Development Manager Jason Harris.

Asked if animal-related vendors are specifically barred from applying, Harris said they are not.

“Animal activity has not specifically been prohibited,” he said.

That makes Winograd nervous that some other form of animal entertainment could move in.

“[The ordinance] is ambiguous. There hasn’t been open bidding for this spot for 11 years. I would like an ordinance to make it illegal so that we never see ponies tied to a bar and circling a pony carousel,” she said.

But Angel sees the writing on the wall — pack up and leave — and for her the author might as well have been Winograd.

“It’s probably 80% of my income,” Angel lamented of losing her Santa Monica Farmers’ Market contract. “There is zero reason to believe that I would have been kicked out of the farmers market without Marcy’s protests. She’s turned my world upside down.”

Angel said she was surprised that neither Winograd nor anyone from the protest group confronted her directly about their concerns before waging a public campaign against her.

“They just showed up and started taking pictures and protesting,” Angel said.

Angel and husband Jason Netter have filed a libel and emotional distress lawsuit against Winograd that seeks unstated punitive damages and attorney fees.

In court documents they accuse Winograd of conducting a “well-orchestrated effort both online and in the media falsely claiming that these animals were being abused to sway public opinion in favor of ending pony rides and the petting zoo at the farmers market.”

The lawsuit claims that Winograd continued to protest and accuse Angel and Nester of mistreating their animals despite being told several times by city officials that there was no evidence of abuse. That “continues to have and will in the future have a direct, negative impact on Angel’s and Nester’s reputations as professionals who work with animals and their ability to make a living operating a pony ride and petting zoo business,” the lawsuit states.

Until recently, Tawni’s Ponies and Petting Farm did not have a business license or permit but operated under the general oversight of the city’s Animal Control Division, which deemed it in compliance with animal welfare provisions, according to Santa Monica Farmers’ Market Supervisor Laura Avery.

The city issued Angel an animal permit on May 8, 2014, which “codified the operations of the activity,” Avery said. “All farmers market vendors were required to obtain a city of Santa Monica business license beginning in fiscal year 2012/13.The pony ride activity became licensed in 2014 as all vendors were brought current.”

In an interview, Angel took exception to the accusation of animal cruelty: “My absolute main focus has always been the safety and comfort of my animals,” she said.

On Jan. 22, Los Angeles Superior Court Judge Lisa Hart-Cole ruled that the lawsuit against Winograd can proceed but dismissed the suit against co-defendant Danielle Charney, another pony rides protester.

Hart-Cole ruled Angel and Nester can pursue a lawsuit against Winograd for libel and intentional interference but not their claims of emotional distress.

According to the document, Angel and Nester allege that Winograd falsely and maliciously published statements online that the ponies had cracked hooves and were illegally overworked despite findings to the contrary by Santa Monica animal control officers.

“Reasonable minds could determine that plaintiffs’ allegation of Winograd’s campaign of harassment and defamation qualifies as [an allegation of] outrageous conduct. However, there is no evidence of severe emotional distress,” Hart-Cole wrote.

Winograd is appealing Hart-Cole’s ruling with an anti-SLAPP suit. SLAPP stands for Strategic Lawsuits Against Public Participation, which the Oakland-based First Amendment Project describes as civil lawsuits brought to target people who speak out on public issues or petition government officials to address grievances.

Mark Goldowitz, director of the California Anti-SLAPP Project, is representing Winograd in the appellate case. He could not be reached for comment.

Winograd’s anti-SLAPP suit contends that Angel and Nester have sought to limit her rights to speak out against them about what she believes is animal abuse.

“If I don’t have the right to express my opinion and use the word ‘abuse’ then we might as well rip up the First Amendment,” Winograd said.

Angel and Nester counter that Winograd and her group went beyond protesting and “defamed plaintiffs Angel and Nester by falsely accusing them of ‘animal abuse,’ a crime under California law,” according to court documents. “These false representations went so far on certain occasions as to actually quote California Penal Code sections relevant to the crime of animal abuse.”

Attorney Donald Chomiak, who represents Angel and Nester, said the lawsuit wasn’t about the protests and was only filed after Winograd took her accusations to local media.

“Ms. Winograd has made provably false statements of fact that injured my client in her occupation and accused my client of a committing crime,” Chomiak said.

Winograd says her case is now much more than removing the pony rides from the market.

“I’m hopeful that the California Court of Appeal will rule this lawsuit is a SLAPP suit intended to silence dissent while the operators lobby to reverse the council vote. People who oppose the animal exploitation at the farmers market are afraid that if they hold a sign or ask someone to sign a petition, they too will be sued. The chilling effect of this sort of intimidation is a threat to democracy everywhere.”

44 Comments

From abusing animals to abusing outspoken activists! Shame on the owners of these poor animals for using her money to throw her weight around and muzzle constitutional protests. And shame on that judge for letting the owners get away with it.

What’s next? Will speculators and Air BnB start suing neighborhood activists to muzzle them? Will cell phone tower owners haul people into court for complaining?

We should ALL show up in court for Marcy Winograd whenever there is a hearing in the trial court or the court of appeals. We can’t let them do this to one of our own.

Marshall, there was nothing false, malicious or libelous about what Marcy said or did. We may differ about whether the trudging of ponies in a tight circle for hours on end tethered to a carousel for money is inhumane or cruel, but it’s wrong and bogus to be able to sue someone for pointing out the travesty and calling it what it is.

Mark, thank you for your support of free speech and animal rights. No kidding, this lawsuit is a SLAPP designed to undermine constitutional rights, shut everyone up, and continue to exploit animals in the name of amusement. A USDA report of the operators’ ranch references an abundance of fecal material and flies in the barn, corral, and transport trailer that pulls up to Main Street each Sunday, and also mentions health risks. It’s not clear from the report whether the problems were fixed. See the link below:

For those interested in seeing photos of the tightly penned animals or watching the video of the tethered ponies, visit http://www.freethepony.org

Our petition has over 2,000 signatures, from many who use the words “abuse” “abusive” and “cruel” to describe the prolonged tethering of ponies, forcing them to march in a tiny circle barefoot on concrete for 3.5 hours. The pony operator admitted in her legal declaration, under penalty of perjury, that at least one of the ponies had “chipped” hooves while being forced to plod, always in one direction, on hard concrete. Multiple observers signed legal declarations under penalty of perjury that they rarely, if ever, saw ponies offered water.

Mark, I would also appreciate it if those who find this sort of “amusement’ troubling would write the Santa Monica City Council to thank them for voting to open up the bidding process to non-animal vendors who might also like to be stationed at the front of the market. People might also ask Santa Monica City Management about the USDA report, why there is no City record of the City ever conducting an independent veterinary check of the animals, and why the much-promised pilot program to institute alternative children’s activities has yet to materialize (was scheduled for January).

The ASPCA has gone on record opposing carousel pony rides as inhumane.

We must not allow vendors to suppress dissent, not in Santa Monica, not in Venice, not in Marina del Rey, not anywhere.

This is not the first protest, that there was a year long protest in 2005. Over 2,000 people have signed the petition to close the exhibits. It’s time to enter the Modern Age and stop exploiting animals for entertainment.

It boggles the reasonable mind that, in 2015, any parent would choose to introduce their young children to horses by way plopping their kids on the backs of ponies tethered by their foreheads to metal bars, endlessly circling in a very crowed farmers’ market. How, in any way, is that a reasonable, and empathetic introduction to teaching young children to care for and about animals?

It also boggles any reasonable mind that the owners of these ponies have rabid supporters who publicly bully and defame Marcy (and supporters of relocating these ponies). Supporters of this FOR PROFIT BUSINESS ($$ made–literally–on the backs of animals tethered to metal bars, made to trod in small circles) have called Marcy a ‘terrorist’ among other names, and have publicly wished her ugly scenarios of misfortune.

I am completely in favor of the ban of live animals at farmers’ markets. I’m also in favor of banning the live/exotic animals at the entrance to the SM Pier. I’d like to think most reasonable people now know better than to exploit any of these animals in these circumstances, in the name of making a few bucks.

“In an interview, Angel took exception to the accusation of animal cruelty: ‘My absolute main focus has always been the safety and comfort of my animals,’ she said.”

In nearly every case of animal cruelty, the abuser loudly proclaims their innocence, and insists that their animals were well treated. And inevitably, those claims are exposed as lies.

Tawni Angel is accused of providing substandard care for her animals. And sure enough, the USDA veterinarian who inspected her facility in October turned up multiple violations of animal welfare and public health regulations. Vital records were not maintained. Animals were kept in filthy enclosures where excrement was allowed to accumulate: “There were no areas in the enclosure free of excreta.” Neglect exposed the animals to dangerous conditions, including rusted metal hazards, and obstacles that could trap and break a leg. Manure was left in open piles, and infestations of disease vectors such as flies and rodents were present. And the trailer used to transport the ponies to Santa Monica was left uncleaned.

Now does that report sound like Ms. Angel’s focus has been on the safety and comfort of her animals?

Or does this sound like the tale of so many animal abusers, who neglect the welfare of their animals while swearing their innocence?

Keep in mind, these reports are the word of a trained, impartial veterinarian performing a mandatory USDA inspection.

Ms. Angel believes she can cover up those conditions and silence protester by suing Marcy Winograd, an animal advocate who has shown great courage and leadership in confronting animal abuse. Ms. Angel is engaged in a SLAPP suit, a Strategic Lawsuit Against Public Participation.

This, too, is a common tactic of animal abusers. By filing meritless lawsuits, the abuser attempts to intimidate whistleblowers and drain the defendant’s resources with costly legal fees.

Unfortunately for Tawni’s Ponies, these tactics will not work. This egregious abuse of the legal process carries huge penalties. The retaliatory lawsuit against co-defendant Danielle Charney has already been dismissed, leaving Angel and Nester on the hook for legal fees and punitive damages. The case against Marcy Winograd is being heard in court, and is likely to end in crushing legal fees for Tawni Angel as well.

Protesters will not be silenced by the sleazy tactics of the opposition. We will continue to protest until the City Council agrees to eliminate inhumane practices like the shackling of ponies.

Everyone involved in animal exploitation – including horses being forced to high jump -race-which cripples them or kills them- from those in the carriage trade- zoos – dog racing , rodeo- tram pulling- and all else- everyone -every single one of these people profiting on the backs of animals believe they “love their animals and take great care of them”- a look behind the scenes at most places will show the truth is most often the opposite ..they cannot speak our language- we must speak theirs- through their eyes- their body language- all of it- never met an exploiter yet that wasn’t a real “rough rider” … there were no crimes committed in this city by Marcy Winograd- and there is not one expert in this city qualified to speak on the subject-

There are so many reasons why it is my opinion that the pony ride is wrong for the Farmer’s Market in Santa Monica. First, it is very expensive for families on a budget, which I believe may keep families with young children away from the Farmer’s Market. Having raised 2 children on a sometimes very tight budget, I know how heart breaking it is to have your children see other children enjoy things – like pony rides – which only children whose parents have disposable income can afford. Second, it just doesn’t make sense to me to me that having ponies walk on concrete in the hot sun repetitively is kind and compassionate…..though it certainly seems (from what she says) to be financially good for the owner. Third, who made the determination that the ponies were NOT abused? I have been told the answer is a co-employee of the people who decided to have the ponies at the market; if this is true, isn’t that some sort of conflict of interest…….if they are all employees of the City of Santa Monica? Did an independent veterinarian examine each pony and make a finding? Fourth, the whole idea of having animals and their droppings (urine and feces) on the same concrete space where food is being sold is kind of disgusting and unsanitary, in my opinion. Fifth, would it not be better for us as a city to have FREE arts and crafts or storytelling at the Farmer’s Market that ALL children can enjoy instead of letting a FOR PROFIT enterprise use public space for this controversial money-making endeavor? Sixth, please watch the documentary BLACKFISH, which is about the alleged abuse of animals at Sea World and look into your heart and ask yourself if you feel it is ok to tie ponies to a carousel and have them drudge round and around on concrete hour after hour as an endless parade of children sit in saddles on their back as their doting parents take photographs (after paying the pony operator, of course.). Would you do this to the family dog?

To those of us who believe that forcing animals into servitude is ethically indefensible, Marcy Winograd is a hero. As are those city councilors who recognized that there are many family-friendly activities that don’t involve animal exploitation. Being tethered to turnstiles or spending days in pens is no quality of life for animals.

It is inconceivable for us to imagine being confined in one cramped place for our entire lives. The very essence of freedom is being able to come and go as we please, deciding when and what to eat, hanging out with people we like and avoiding those we don’t, choosing and courting our mates and deciding whether or not to have children. In fact, the denial of these liberties is used as punishment for the criminals in our society. Yet animals used for entertainment, who have committed no crimes, are denied all of these fundamental choices.

Just like us, animals want and deserve to live their lives as nature designed and pursue their own pleasures and pastimes.

The USDA inspection reports for Tawni’s Ponies are public. A copy of the most recent inspection report may be found at http://bitly.com/PonyNeglect , or via the USDA/APHIS Search Tool under certificate number 93-C-1067.

Marcy Winograd became a much needed voice for voiceless animals being abused and exploited for the financial advantage of their “caretakers.” Let it be known that Marcy is far from alone in believing these animals are being abused. Over 2000 individuals who signed the petition to end the Sunday pony “rides” also believe the animals are being abused. Is Ms. Angel planning to sue all 2000+ of us who believe her for-profit business endangers the lives of these innocent animals?

It’s time for the legal system and government of Santa Monica to do right by these suffering animals and the selfless hero who’s sacrificed so much to help them. It’s deplorable that Marcy is being subjected to Angel’s anti-free speech lawsuit. And it’s equally deplorable that any Officer of the Court would have allowed Angel’s abusive frivolous lawsuit to proceed to this point. Let’s hope clearer, more professional and humane minds prevail to end the abuse of these precious animals and of the hero who has spoken so valiantly to protect them.

It is very depressing to see the ponies at the market. I have to turn the other way because I cannot bear to see them in such sad conditions. In fact, I avoid the market because it brings me down, emotionally. It takes all the fun out of what should be a pleasant event.

I realize the pony owners are enraged about having to leave, but in truth, the ponies should never have been located in a market in the first place. Flies and manure have no place at a farmers’ market, and constitute a risk of disease according to a recent USDA report.

And what of the experience of the ponies? They face a long round trip between Fillmore and Santa Monica and back, and a boring (at best), often hot, always interminable day tied up and going in circles.

I know that the ponies’ owners have said it’s immoral for the community to decide to stop the pony rides. Some people have a utilitarian view of animals, like they evidently do.

But most recognize that animals have rich emotional lives and the capacity to suffer, as well as the capacity for great joy. My morality dictates that to earn profit is fine, but to profit from the discomfort of others is wrong.

In the year 2015 we should not tolerate the spectacle of animal exploitation and cruelty as entertainment or a source of profit. We should not be teaching our children that this experience is “fun” or even OK. We absolutely must expose our children to animals they might not otherwise encounter, but there are far more humane and constructive ways to do so. We have sanctuaries, we have far less constrained spaces for animals to interact with humans.

The Angels’ lawsuit is all about suppressing speech they don’t agree with. Tawni has been invited to ply her trade in a more humane environment and has spoken out of both sides of her mouth: claiming at the same time that to have pony rides off-tether would be dangerous, yet offering that very service to private parties on her website.

Transporting live animals on freeways and highways should never be a consideration with the only exception being for their own well-being to safer pastures. These animals are risking their lives in transport just to carry children on their backs for anyone willing to pay for it. Especially in the case of for-profit entertainment venues such as to public spaces in circuses, farmer’s markets, or anyone with deep pockets able to afford the excess.

I wholeheartedly support the ban of any and all live animals at farmer’s markets and agree with Ms Winograd’s efforts and anyone who speaks up for the voiceless. The concept that it is OK to transport these animals with no consideration for their well-being is purely exploitive and should resonate with anyone who disagrees with slavery. Because that’s simply what it is. In this case, the fact that this has been allowed and these animals forced to perform for the past 11 years should be shameful in and of itself.

I feel that a Sunday spent taking your children to the vast amount of nature’s beaches, hiking trails, or local parks, for example, would entice the childs’ minds to grow as well as provide one-on-one child-parent bonding while avoiding the abuse that goes with petting zoos and tethered rides

People who enslave and imprison animals only do it for one thing: MONEY! Those poor ponies should not be put through the absolute hell of being hooked up and forced to walk in circles for hours. I’m sure the owners wouldn’t want to be put through that. So follow the Golden Rule, stop using and abusing these animals. They deserve better.

It’s time for exploitation and abuse of animals to slide back into the dark ages where it belongs. There is a higher consciousness brewing in this world — one where children are taught sensitivity and compassion for helpless animals who depend on humans to be kind and not use them and make them suffer for greedy, selfish purpose. The vendors need to get a real job and earn their own money instead of making horses walk in circles with stranger after stranger on their backs and no ability to drink water when they need it. I would like to see some creative, interactive entertainment for children at the farmers’ market — something far more entertaining and stimulating for young minds.

In a sue happy society, the violators feel comfortable attacking the victims and the activists. SHAME ON YOU. Marcy is speaking up for the forgotten, the abused and the silent. And now she is being silenced! Marcy, we will support you whenever, wherever. What do you need and when do you need it?

Friends, thank you for your strong support! Some of you asked how you can further support efforts to end animal exploitation at the Main Street Farmers Market. First of all, please (if you haven’t already) sign my petition and share it with friends on social media.

Secondly, please write the City Manager elaine.polachek@smgov.net and copy the City Council council@smgov.net to demand they give authority to the Department of Community and Cultural Services (which spearheaded the ban on exotic animal exhibits at the pier) to oversee alternative children’s activities to the tethering and trapping of animals.

It is simply unacceptable to allow the same department (Housing and Economic Development) to have this authority, given the department’s utter disregard for consumer complaints about animal cruelty. You can ask to speak to Elaine or Martin Pastucha, the Asst. City Manager, at 310-393-9975.

Finally, in your email to the Council, please ask that they declare the Main Street market site a park free of tethered animal exhibits and thank them for their intention to move in a different direction.

Thanks Marcy – I just wrote a letter in support of the rides to the addresses you cited. I don’t support vocal activist minorities passing uninformed, emotion-based judgement on legitimate enterprises and bullying small business into conforming to their views of society. Just want to let you know that there are plenty of people who are not sympathetic to your cause and view your tactics as coercion.

I agree with all of the points above concerning animal welfare not only for the ponies who should not be tied up to metal bars all day in the hot sun and forced to plod in a circle, but for all of the animals subjected to forced “petting.” The animals do NOT enjoy this especially rabbits who are terrified of being handled by strangers because of their instinct being a prey animal. My concern though is what will happen to these animals once the party is over and the $70,000 no longer earned? Will Tawni’s love them so much then when they’re not earning them their main living? What’s the betting not so much!

Tawni Angel should pursue a business that doesn’t misuse animals for entertainment, and then she can come back to the farmers market. From arts and crafts to portable jungle gyms to children’s gardening workshops, there are all kinds of activities that are fun for kids that she could offer to earn an income without causing animals any undue emotional or physical stress.

Marcy Winograd has taken action against a business which uses animals as property, making a profit off of their enslavement. Marcy has dared to call this treatment of sentient beings what it is: abuse. Because her efforts have inspired others to protest and have had an impact on the Santa Monica City Council, Ms. Winograd is now facing this lawsuit. She has challenged a notion of animals as entertainment and money makers and has been effective in doing so; rather than merely saying, “Oh those poor animals,” she has actually done something about it. Thank you, Marcy, for taking on this fight!

““My absolute main focus has always been the safety and comfort of my animals,”.. If so, then those ponies (and other animals) would not be brought there to be exploited in the first place. The money making from it seems to be their only focus.

This is 2015. And we’re STILL USING ANIMALS FOR ENTERTAINMENT? Circuses, petting zoos, and pony rides? Really? Can we not not evolve already? And to go after those who speak out for the animals is just plain despicable. This woman should be ashamed of herself.

Ask yourself what kind of a person makes her-or his- living off the backs of animals. Every transport to and fro risks injury or death, with a large dose of slave labor in-between. Their living conditions sound swell, too. These people need to get an occupation other than slavedriver. Bravo, Marcy.

Please find some other means of employment. These animals did not sign up to be your profit centers when they were born. They are very sad — because you have imprisoned them to a life where you don’t allow them to be free. Let the animals go and get another job. watch http://www.earthlings.com to see how we treat animals on this planet.

what next the circus stop them too. I think you are making a big deal out of nothing. I have an idea since you are so worried about animals why don’t you come everyday and help get the homeless off street and back into living. But no that’s not fixable because you can’t sew for over working yourself for free…………

I don’t think you understand the article. Marcy Winograd didn’t sue anybody. She is BEING SUED for speaking up about the problem. Are you saying that you support the idea that any business with bucks and sue people for speaking up? How ever would we get the money-changers out of the temple, with that attitude?

@reformed covenant church…most loving people DO care about and help all things living. Please educate yourself, my friend; the circuses, zoos, etc are indeed treating all animals better. I’m sorry for you that you live with a lack of compassion that obviously precludes you from clearly comprehening the issue at hand. (‘…you can’t sew for over working yourself for free… (sic)’ What?)

What are you talking about- sew what? Why don’t you go help the homeless- bet you don’t – we help all kinds of things- anything downtrodden- do you ? Or just those who can tithe you your $$$- Circus- zoos- racing- all of it- wrong- what gives you the right to dictate anyone’s right to protest or demand that you be allowed to cause misery to captive animals for your enjoyment- jesus would be ashamed of you- but then – he did love the humble Ass

I am reminded now of Towan, the 48-year old orangutan who just died at the Seattle Zoo last week. An incredibly sad and wrong situation to be secluded in a square unnatural confinement.

He died there last week never having known freedom and the feeling of swinging in the wind.
Towan never knew what it was like to experience the forest floor, the hundreds of fruits they eat, climbing any tree or having a family of his own. He tried unsuccessfully to escape twice, but was darted and returned. He painted which apparently he seemed to really enjoy.

But he was sad. The endless streams of people going by his cage, all able to just walk off the grounds of the zoo. Towan knew full well I am certain, of his captivity enslaved to the masses. We are 2016 people. We need to evolve. Enslavement of any being without their consent is clearly wrong. Towan is (just) one example of sad indignity.

Well said Lisbet Brook- and true for so many animals, women and children- no different really the enslavement of so many by such brutal and medieval outdated massive controlling egos and lack of enlightenment of so many –